Procedural issues of the activity of the National Anti-Corruption Bureau of Ukraine

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Procedural issues of the activity of the National Anti-Corruption Bureau of Ukraine

criminal proceedings National Anti-Corruption Bureau competence evidence

Tekst w jęz. ukr., streszcz. w jęz. pol. i ang.

The article deals with such aspects of the criminal procedural regulation of the activity of the National Anti-Corruption Bureau of Ukraine NABU as demanding the materials of issue of the admissibility of evidence obtained as a result of violating the rules of investigative jurisdiction.Concerning the first aspect, as it was noted by the representatives of certain pre-trial investigation bodies, the CPC of Ukraine does not foresee such a legal institute as demanding the materials of criminal proceedings, consequently there is no mechanism for implementing the respective provisions of the Law of Ukraine «On NABU».In course of the scientific analysis of this issue, it was established that the Law of Ukraine «On NABU» of October 14, 2014, is part of the criminal procedural law, and at the same time it is considered to be the special law, as well as to the CPC of Ukraine.In this regard, if separate issues related to criminal proceedings are not regulated by the CPC of Ukraine, and at the same time they are regulated by the Law of Ukraine «On NABU», the provisions of the latter as the special norms should be applied.Therefore, under Paragraph 2 of Part 1 of Article 17 of the Law of Ukraine «On NABU» NABU and its employees for the fulfillment of their duties are granted the right to demand under the decision of the Director of NABU in agreement with the prosecutor from other law enforcement bodies the operational search cases and criminal proceedings materials relating to criminal offenses referred to the investigative jurisdiction of the National Bureau, as well as to the other criminal offenses, that may be used to solve criminal offenses within its investigative jurisdiction.Besides prosecutors are empowered to demand the materials of criminal proceedings under the authority fixed in Paragraph 2 of Part 1 of Article 36 of the CPC, namely, «to have full access to the materials, documents and other information relating to the pre-trial investigation» in the proceedings they supervise. The procedure for such a demand is regulated, for example, by the Regulations of the General Prosecutor’s Office of Ukraine, and the Instruction on record keeping in the bodies of the prosecutor’s office of Ukraine.Concerning the issue of the admissibility of evidence obtained as a result of violating the rules of investigative jurisdiction, i.e. during the investigation of criminal proceedings referred to the investigative jurisdiction of the NABU by the other bodies of pre-trial investigation, it can be stated that under these circumstances in addition to the principle of legality as well the rule of law principle is violated in terms of such its characteristic element as legal certainty, and consequently the constitutional rights of citizens are breached. This conclusion can be drawn by analyzing the meaning of investigative jurisdiction in criminal proceedings, which, as noted in the doctrine of criminal procedure, implicitly provides: a the speed and quality of pre-trial investigation, and b the rights of the victim and the suspect to legitimate prosecutor as well as the right to legitimate court, thus guaranteeing them the opportunity to properly address their applications, complaints and motions. Denial of the right to legitimate investigator prosecutor as well as denial of the right to legitimate court, that is when there is a violation of the rules of investigative jurisdiction, raises doubts as to the impartiality of the pre-trial investigation body.Therefore, in the case of obtaining evidence as a result of violating the rules of investigative jurisdiction, this evidence should be definitely declared inadmissible.

L'vìv

L'vìvs'kij nacìnal'nij unìversitet ìmenì Ìvana Franka

Wrocławsko-Lwowskie Zeszyty Prawnicze, 2017, 8, s. 177-187

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Czasopisma Naukowe w Sieci (CNS)

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